ACCEPTED
01-15-00052-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/24/2015 3:50:19 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00052-CV
FILED IN
IN THE COURT OF APPEALS 1st COURT OF APPEALS
FOR THE FIRST DISTRICT HOUSTON, TEXAS
OF TEXAS AT HOUSTON 3/24/2015 3:50:19 PM
CHRISTOPHER A. PRINE
Clerk
HARRIS COUNTY, TEXAS,
Appellant
v.
GERALD KNAPP & NARCISO AURIOLES,
Appellees
On Appeal from the 333rd Judicial District
Court of Harris County, Texas
Trial Court Cause No. 2012-20003
HARRIS COUNTY’S FIRST UNOPPOSED MOTION TO EXTEND
TIME IN WHICH TO FILE ITS BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellant, Harris County, Texas (the “County”), respectfully requests the
Court to extend the time in which to file its Appellant’s Brief in this cause under
the authority of Rule 38.6(d) of the Texas Rules of Appellate Procedure, and in
support of this motion it would show this Court the following:
1. This is the Appellant’s first request for an extension of time to file its
brief.
2. The Appellant’s Brief was due on March 19, 2015. This is not an
accelerated or preferential appeal.
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3. The County is requesting an extension of thirty (30) days. A thirty-
day extension would make the Appellant’s Brief due on April 18, 2015, or April
20, 2015 since the 18th falls on a Saturday.
4. The undersigned has conferred with Mr. Lannie and Mr. Cersonsky,
counsel for Appellees. Mr. Lannie is unopposed to this motion on the merits. Mr.
Cersonsky was unable to return our call inquiring about his feelings on the merits
in the time available.
5. Counsel for the County has recently completed another brief. On
March 13, 2015, Counsel filed a brief on the merits in Harris County, Texas v.
Tracey Ellis & Gerald Gambichler, No. 14-14-00771-CV in the Fourteenth Court
of Appeals. Further, Counsel missed the notice that the reporter had filed the
Reporter’s Record, and therefore had not recognized or calendared the due date for
the brief in this case. In fact, Counsel has retrieved from the Court a copy of the
record on appeal today.
6. Counsel for the County requests this extension because he needs more
time to adequately brief the issues raised in this appeal. The undersigned
understands the importance of deadlines and is not requesting this extension for
reasons of delay.
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WHEREFORE, PREMISES CONSIDERED, the County respectfully
requests the Court to extend the time for filing its Appellant’s Brief in this cause by
thirty days, or until April 20, 2015.
Respectfully submitted,
/s/ Michael R. Hull
OF COUNSEL: MICHAEL R. HULL
VINCE RYAN Senior Assistant County Attorney
SBN: 24003733
County Attorney 1019 Congress, 15th Floor
Harris County, Texas Houston, Texas 77002
(713) 274-5138 (telephone)
(713) 755-8828 (facsimile)
michael.hull@cao.hctx.net (e-mail)
ATTORNEY FOR APPELLANT
HARRIS COUNTY, TEXAS
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CERTIFICATE OF CONFERENCE
Pursuant to TEX. R. APP. P. 10.1(5), this is to certify that the undersigned
attorney has conferred with Counsel for Appellees, Mr. Scott Lannie and Mr.
James Cersonsky. Mr. Lannie is unopposed to this motion on the merits. Mr.
Cersonsky was unable to return our call inquiring about his feelings on the merits
in the time available.
/s/ Michael R. Hull
MICHAEL R. HULL
Sr. Assistant County Attorney
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CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of March, 2015, a true and correct copy
of the foregoing Harris County’s First Unopposed Motion to Extend Time in which
to File its Brief was served via electronic service, on the following:
Attorney for Plaintiff Knapp
Scott C. Lannie
LAW OFFICES OF SCOTT C. LANNIE, P.C.
4000 Garth Road, Suite 150
Baytown, Texas 77521
(281) 303-8280 (facsimile)
sclannie@aol.com
Attorney for Defendant Aurioles
James A. Cersonsky
SOULE, BALDWIN & FANAFF
11200 Richmond, Suite 250
Houston, Texas 77082
(281) 752-6329 (facsimile)
/s/ Michael R. Hull
MICHAEL R. HULL
Sr. Assistant County Attorney
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Harris County, Texas v. Gerald Knapp and Narciso Aurioles
Combined Opinion